Publication: Cape Argus Issued: Date: 2005-11-30 Reporter: Reporter:

Hard Evidence the Acid Test in the Trial of Struggle Hero Zuma

 

Publication 

Cape Argus

Date

2005-11-30

Web Link

www.capeargus.co.za

 

Will Jacob Zuma go to jail? Will he really go to jail? This is the question being asked by many South Africans, who doubt that a high-ranking member of the ANC - powerful and influential at grassroots and the country's former deputy president - will be jailed by his comrades.

The same question will be posed by other doubting Thomases, who believe that no government in Africa has the guts to throw the book at one of their own, even if the person has been found guilty of violating the country's laws.

Africa, they would remind us, is littered with cases of politicians who got away with corruption: those who were indicted but ultimately released due to lack of evidence, occasioned by the disappearance from police custody of evidence required for a successful prosecution.

These doubting Thomases would also jog our memories and remind us that cemeteries on our continent are full of heroes - those who believed in doing the right thing and sought to expose powerful and corrupt politicians.

There is no question that Zuma is a popular and powerful politician.

He is the type of individual law enforcement agencies would not tackle unless they were sure they had a solid case against him.

Given that, we would then take it for granted that the National Prosecuting Authority (NPA) believes it can prove a fraud and corruption case against Zuma in a July trial.

These charges prove that our democracy has passed the first test - of allowing democratic institutions to function independently and to act in terms of the law.

Based on evidence gathered by the Scorpions, the ANC deputy president has now been charged with fraud and corruption.

The first test has been passed because there was a time, not so long ago, when there were doubts that Zuma, then occupying the powerful position of state deputy president, would ever be charged.

It is vitally important for our fledgling democracy that these institutions, including the SA Police Service and the judiciary, are allowed to do their work without fear or favour.

The police, under the leadership of a veteran ANC cadre in national Police Commissioner Jackie Selebi, are currently working diligently on a complaint of rape laid against Zuma.

This is the most heinous crime that can be perpetrated against a woman. It is also a damaging allegation to be made against any man. The rape complaint represents one of the biggest challenges Selebi has faced in his career as the most senior police officer in South Africa.

Will he, for instance, have the guts to charge a leader of his own organisation if the evidence points in that direction?

I think I know what Selebi's response will be. It will go something like this: "I'm a police officer. My job is to investigate, to act on the evidence before me, to effect an arrest, to charge the suspect - and then it's up to the courts."

The accusations against Zuma are also a major test for the judiciary. The question is: will the courts in a democratic South Africa be willing or unwilling to jail a struggle hero?

The answer from the magistrates and honourable judges will be that the courts are guided by nothing but the evidence.

Our courts have a good track record when it comes to cases involving high-profile politicians. Allan Boesak was tried, convicted and jailed in a democratic South Africa.

So was Winnie Madikizela- Mandela, although she was spared jail. ANC national executive committee (NEC) member Tony Yengeni has also been tried and convicted by our courts and faces a jail term. Politically connected Schabir Shaik faces the same fate.

The police must be given room to do their work. The same goes for the NPA.

It is important for justice and for Zuma himself that he gets a fair trial, whether it is the fraud and corruption charges or if the rape allegations go to court.

The police must be allowed to do their work so that whatever decision they take is based on nothing but the evidence - or the lack thereof - that their detective work has produced.

Zuma has repeatedly asked for his day in court. It is important that he has a fair trial.

This has to be done so that the verdict - whether acquittal or conviction - is accepted by the public and Zuma himself.

The ANC's NEC, the party's highest decision-making body between conferences, has taken a much-needed leadership role to manage the fallout that has followed the indictment of Zuma.

With acknowledgements to Cape Argus.